[NANNYLand...] Canada Supreme Court rules getting drunk can be violent crime defense

https://www.washingtonexaminer.com/news/canada-supreme-court-rules-
getting-drunk-can-be-violent-crime-defense

Criminal defendants can argue they acted involuntarily while intoxicated 
in cases involving some violent crimes, according to a unanimous decision 
by Canada’s Supreme Court on Friday.

The ruling, reversing a decades-old law that barred the employment of such 
a defense, will help decide three separate cases in which three men had 
argued they were not in control when they committed violent offenses after 
consuming drugs.

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“It contravenes virtually all the criminal law principles that the law 
relies upon to protect the morally innocent,” Justice Nicholas Kasirer 
wrote in the ruling. “It enables conviction where the accused acted 
involuntarily, where the accused did not possess the minimum level of 
fault required, and where the Crown has not proven beyond a reasonable 
doubt the essential elements of the offense.”

The ruling overturns a law passed in 1995 that barred defendants from 
using self-induced intoxication as a defense in crimes that resulted in 
violence against other people. Since then, the law has divided the public, 
with some attorneys arguing that it risks wrongful conviction, while 
others have sought to ensure the safety of groups more vulnerable to 
attacks, such as women and children.

In one such case, an Alberta man named Matthew Winston Brown consumed 
several mixed drinks, a few beers, and psilocybin, often called “magic 
mushrooms,” while at a party. Later that night, he broke into two homes 
and assaulted the resident of one, according to court documents.

In another case, an Ontario man named Thomas Chan consumed magic mushrooms 
before stabbing his father to death and seriously injuring his father’s 
partner, documents state. Another Ontario resident, David Sullivan, is 
accused of trying to commit suicide by overdosing on a prescription drug 
and later attacking his mother with a knife.

Brown and Sullivan were both acquitted by an appeals court, tossing lower-
court convictions, and a new trial was ordered for Chan. The Supreme Court 
ruled it would uphold both acquittals and upheld the new trial for Chan, 
according to the Washington Post.



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